# Board of Supervisors Minutes: September 28, 2010

- Meeting date: 2010-09-28
- Document type: minutes
- Source format: PDF
- Extracted pages: 28
- [Canonical HTML transcript](https://sfbos.info/documents/2025/2010-09-28-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m092810.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 101056: Banning the Sale of Tobacco Products in Pharmacies

- Pages: 4-5
- Sponsors: Mar; Dufty and Maxwell
- Vote 1: final-passage, likely final
  - Action: 101056 [Banning the Sale of Tobacco Products in Pharmacies] Sponsors: Mar; Dufty and Maxwell Ordinance amending the San Francisco Health Code by amending Sections 1009.91 and 1009.92, by repealing Section 1009.93, and by re-numbering Sections 1009.94, 1009.95, 1009.96, 1009.97, 1009.98, and 1009.99, as Sections 1009.93, 1009.94, 1009.95, 1009.96, 1009.97, and 1009.98, respectively, all to eliminate the exemptions for general grocery stores and big box stores from the general ban on the sale of tobacco products in pharmacies. FINALLY PASSED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Daly, Dufty, Mar, Maxwell
  - Noes: Alioto-Pier, Chu, Elsbernd
  - Excused: Mirkarimi

### File 100832: Contract with Institute on Aging for the Provision of Case Management, Community Living Fund and Linkages Program Services - Not to Exceed $16,144,866

- Pages: 5
- Vote 1: adoption, likely final
  - Action: 100832 [Contract with Institute on Aging for the Provision of Case Management, Community Living Fund and Linkages Program Services - Not to Exceed $16,144,866] Resolution retroactively approving the grant agreement between the City and County of San Francisco and the non-profit Institute on Aging to provide Case Management, Community Living Fund and Linkages Program services to seniors and adults with disabilities during the period of July 1, 2010, to June 30, 2014, for a total not to exceed amount of $16,144,866. (Human Services Department) (Fiscal Impact.) ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
  - Excused: Mirkarimi

### File 100894: Increasing Contract with Xtech to $41,000,000

- Pages: 5
- Vote 1: adoption, likely final
  - Action: 100894 [Increasing Contract with Xtech to $41,000,000] Resolution authorizing the Office of Contract Administration to enter in the First Amendment between the City and Xtech (part of the Technology Store procurement vehicle), in which the amendment shall increase the contract amount from $24,000,000 to $41,000,000 and update certain standard contractual clauses. (Office of Contract Administration) (Fiscal Impact.) ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
  - Excused: Mirkarimi

### File 100991: Resolution of Intention to Form the Ocean Avenue Community Benefits District

- Pages: 5-6
- Sponsors: Avalos; Elsbernd
- Vote 1: adoption, likely final
  - Action: 100991 [Resolution of Intention to Form the Ocean Avenue Community Benefits District] Sponsors: Avalos; Elsbernd Resolution (1) declaring the intention of the Board of Supervisors to establish a property-based business improvement district (community benefit district) to be known as the “Ocean Avenue Community Benefits District,” and levy a multi-year assessment on identified parcels in the district; (2) approving the management district plan and engineer's report and proposed boundaries map for the district; (3) ordering and setting a time and place for a public hearing thereon; (4) approving the form of the Notice of Public Hearing and Assessment Ballots; and (5) directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Supervisor Elsbernd requested to be added as a co-sponsor. ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
  - Excused: Mirkarimi

### File 101110: Accept and Expend Grant - Airport Commission - U.S. Federal Aviation Administration Grant - Not to Exceed $79,982,500

- Pages: 6
- Sponsors: Mayor
- Vote 1: adoption, likely final
  - Action: 101110 [Accept and Expend Grant - Airport Commission - U.S. Federal Aviation Administration Grant - Not to Exceed $79,982,500] Sponsor: Mayor Resolution authorizing the Airport Commission to execute an Other Transaction Agreement with the Federal Aviation Administration (FAA) for the Replacement Airport Traffic Control Tower and FAA Offices in the amount not to exceed $79,982,500 and retroactively accept and expend federal funds. ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
  - Excused: Mirkarimi

### File 101152: San Francisco International Airport Environment Review

- Pages: 6
- Sponsors: Mayor
- Vote 1: adoption, likely final
  - Action: 101152 [San Francisco International Airport Environment Review] Sponsor: Mayor Resolution adopting California Environmental Quality Act findings related to the Courtyard 2 Air Traffic Control Tower Replacement Project and Integrated Facilities Project at San Francisco International Airport. ADOPTED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
  - Excused: Mirkarimi

### File 101131: Board Response to the 2009-2010 Civil Grand Jury Report Entitled "Pension Tsunami: The Billion Dollar Bubble"

- Pages: 6-7
- Sponsors: Mar
- Vote 1: amendment
  - Action: 101131 [Board Response to the 2009-2010 Civil Grand Jury Report Entitled "Pension Tsunami: The Billion Dollar Bubble"] Sponsor: Mar Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2009-2010 Civil Grand Jury Report entitled “Pension Tsunami: The Billion Dollar Bubble” and urging the Mayor to cause the implementation of accepted findings and recommendations through the department heads and through the development of the annual budget. (Clerk of the Board) Supervisor Chu, seconded by Supervisor Maxwell, moved that this Resolution be AMENDED on Page 8, Line 9, replacing 'finds that' with 'agrees with'; and Line 10, adding 'and acknowledges that it' before 'requires.' The motion carried by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
  - Excused: Mirkarimi
- Vote 2: adoption, likely final
  - Action: ADOPTED AS AMENDED by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell
  - Noes: Alioto-Pier, Elsbernd
  - Excused: Mirkarimi

## Extracted text

### [Page 5](https://sfbos.info/documents/2025/2010-09-28-minutes#page-5)

Board of Supervisors Meeting Minutes 9/28/2010

NEW BUSINESS

Recommendations of the Budget and Finance Committee

100832 [Contract with Institute on Aging for the Provision of Case Management,
 Community Living Fund and Linkages Program Services - Not to Exceed
 $16,144,866]
 Resolution retroactively approving the grant agreement between the City and County of San
 Francisco and the non-profit Institute on Aging to provide Case Management, Community Living
 Fund and Linkages Program services to seniors and adults with disabilities during the period of
 July 1, 2010, to June 30, 2014, for a total not to exceed amount of $16,144,866. (Human Services
 Department)
 (Fiscal Impact.)
 ADOPTED by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi

100894 [Increasing Contract with Xtech to $41,000,000]
 Resolution authorizing the Office of Contract Administration to enter in the First Amendment
 between the City and Xtech (part of the Technology Store procurement vehicle), in which the
 amendment shall increase the contract amount from $24,000,000 to $41,000,000 and update
 certain standard contractual clauses. (Office of Contract Administration)
 (Fiscal Impact.)
 ADOPTED by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi

100991 [Resolution of Intention to Form the Ocean Avenue Community Benefits District]
 Sponsors: Avalos; Elsbernd
 Resolution (1) declaring the intention of the Board of Supervisors to establish a property-based
 business improvement district (community benefit district) to be known as the “Ocean Avenue
 Community Benefits District,” and levy a multi-year assessment on identified parcels in the district;
 (2) approving the management district plan and engineer's report and proposed boundaries map
 for the district; (3) ordering and setting a time and place for a public hearing thereon; (4) approving
 the form of the Notice of Public Hearing and Assessment Ballots; and (5) directing the Clerk of the
 Board of Supervisors to give notice of the public hearing and balloting as required by law.
 Supervisor Elsbernd requested to be added as a co-sponsor.
 ADOPTED by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi

City and County of San Francisco Page 845 Printed at 8:50 am on 11/4/10

### [Page 6](https://sfbos.info/documents/2025/2010-09-28-minutes#page-6)

Board of Supervisors Meeting Minutes 9/28/2010

101110 [Accept and Expend Grant - Airport Commission - U.S. Federal Aviation
 Administration Grant - Not to Exceed $79,982,500]
 Sponsor: Mayor
 Resolution authorizing the Airport Commission to execute an Other Transaction Agreement with
 the Federal Aviation Administration (FAA) for the Replacement Airport Traffic Control Tower and
 FAA Offices in the amount not to exceed $79,982,500 and retroactively accept and expend federal
 funds.
 ADOPTED by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi

101152 [San Francisco International Airport Environment Review]
 Sponsor: Mayor
 Resolution adopting California Environmental Quality Act findings related to the Courtyard 2 Air
 Traffic Control Tower Replacement Project and Integrated Facilities Project at San Francisco
 International Airport.
 ADOPTED by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi

Recommendation of the Government Audit and Oversight Committee

101131 [Board Response to the 2009-2010 Civil Grand Jury Report Entitled "Pension
 Tsunami: The Billion Dollar Bubble"]
 Sponsor: Mar
 Resolution responding to the Presiding Judge of the Superior Court on the findings and
 recommendations contained in the 2009-2010 Civil Grand Jury Report entitled “Pension Tsunami:
 The Billion Dollar Bubble” and urging the Mayor to cause the implementation of accepted findings
 and recommendations through the department heads and through the development of the annual
 budget. (Clerk of the Board)
 Supervisor Chu, seconded by Supervisor Maxwell, moved that this Resolution be AMENDED on Page
 8, Line 9, replacing 'finds that' with 'agrees with'; and Line 10, adding 'and acknowledges that it'
 before 'requires.' The motion carried by the following vote:
 Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell
 Excused: 1 - Mirkarimi
 ADOPTED AS AMENDED by the following vote:
 Ayes: 8 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell
 Noes: 2 - Alioto-Pier, Elsbernd
 Excused: 1 - Mirkarimi

City and County of San Francisco Page 846 Printed at 8:50 am on 11/4/10